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(영문) 대구지방법원김천지원 2020.10.28 2020고단687
도로교통법위반(무면허운전)
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1. Defendant A shall be punished by imprisonment for four months.

2. Defendant B shall be punished by a fine of KRW 1,00,000.

Reasons

Punishment of the crime

1. On March 28, 2020, Defendant A driven the Esch Rexton car without a vehicle driver’s license from around 2 km to D from the front road of the Gumi-si to D in the same city from March 28, 2020.

2. Defendant B, at around April 16:12, 2020, the F Team office of the Gu U.S. Police Station, and the fact is known that A commits an offense referred to in the preceding paragraph while A is subject to criminal punishment, Defendant B is driving a car in the same time and place as that of the Defendant on the same day and at the same time as that of the preceding paragraph.

A false statement was made to the effect that the traffic accident caused.

As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of the defendant B;

1. A H statement;

1. On-site photographs and on-site survey reports;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Blue Images) and a report on investigation (limited to the attachment ofCCTV images);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; Selection of imprisonment

B. Defendant B: Article 151(1) of the Criminal Act; selection of fines

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A was sentenced to a fine by driving without obtaining a license during the period of probation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and even though the trial was in progress in the appellate trial, Defendant A had been sentenced to a fine without obtaining a license due to the lapse of the period of probation. The liability for the crime was not less weak, and even if the vehicle parked while driving without obtaining a license, the vehicle parked in the appellate trial, and the circumstances after Defendant B did not suspicion that Defendant B would make a false statement at the investigative agency are also good.

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